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BEFORE THE HON’BLE PRINCIPAL FAMILY JUDGE AT BENGALURU

MC NO. /2019

BHAVANI
W/o JAY KUMAR
AGED ABOUT 28 YEARS
APS CAMPUS,
BENGALURU … FIRST PETITIONER

JAY KUMAR
AGED ABOUT 32 YEARS
S/o NANJAPPA
R/at Toronto, Canada,
Represented by his father Sri Nanjappa
Advocate (appearing in person) GPA Holder
R/at
#111, YUKTA IV CROSS
VII MAIN, Vidyagiri LAYOUT
NAGARABHAVI, BENGALURU – 560 072 … SECOND PETITIONER

Vs

NIL … RESPONDENT

MEMORANDUM OF PETITION UNDER SECTION 13(B)


OF THE HINDU MARRIAGES ACT, 1955

The Petitioners above named state as follows:


1) The address of the first Petitioner for service of summons, notices, etc from
this Hon’ble Court is as stated in the cause title above and that of her Counsel
Shri.K.N. Aakash, Advocate, Vijayanagar Bangalore – 560 040.
2) The address of the second Petitioner for service of summons, notices, etc from
this Hon’ble Court is as stated in the cause title above.
3) The Petitioners state that their marriage was solemnised 09.03.2018 at Sri
Basaveshwara Sugnana Mantapa, Vijayanagar, Bengaluru as per Hindu
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customs & rites. Subsequently, the marriage was registered under the Hindu
Marriages Act, 1955 on 10.03.2018.
4) The Petitioners state that both Smt Bhavani and her husband Jay Kumar went
to Toronto, Canada on 25-03-2018 and have stayed together till 15-06-2018 at
Canada. The 1st petitioner voluntarily left the company of the 2nd petitioner
on 15-06-2018 and she stayed at her parent's house. The 1st petitioner never
returned to the company of the 2nd petitioner after 15-06-2018and the 2nd
petitioner has returned to Canada. Both Smt. Bhavani and her husband Jay
kumar, and parents of both the family members along with the well-wishers
of the family have discussed the matter and tried to reconcile the husband and
wife but could not able to reconcile the matter. Therefore, both the husband
and wife with their parents have amicably agreed to conclude that the
marriage would not survive any further and hence decided to dissolve the
marriage by filing the petition mutually.
5) The 1st petitioner, who is the wife of the 2nd petitioner had filed a complaint
against her husband and husbands father, Mother, and his brother under
section 498 A, 420 and 34 of IPC and 3 and 4 of D.P.ACT at Chandra layout
police station at Bangalore. This is registered as Crime no.377/2018 at Chandra
layout police station at Bangalore. That, because of the false complaint the
2nd petitioner and his family members have suffered irreparable loss and
injury which cannot be compensated in terms of money. As the 2nd
petitioner's family is most respectable family approached the District and
Session court at Bangalore and got the Anticipatory bail in the court vide order
Criminal Misc.6015/2018And followed the directions of the court. That the 2nd
petitioner and his parents approached the Hon'ble High Court of Karnataka
under section 482 of Cr.p.c in Crl.petition 433/2019, and Hon'ble High Court of
Karnataka under section 482 of Cr.p.c in Crl.petition99/2019 has allowed the
petitioners prayer and ordered for stay of the further proceedings till the
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appearance of the 2nd respondent, who is the 1st petitioner in this petition, in
Crime No.366/2018 pending at ACMM court at Bangalore. The 1st petitioner
appeared before the Hon'ble High Court of Karnataka in case bearing number
Crl.petition 99/2019 on 29-03-2019 and voluntarily gave an undertaking in the
Hon'ble High Court to file a petition before the family court for dissolution of
marriage by mutual consent duly signed by the 1st petitioner and her Counsel
on 29-03-2019. After prolonged sufferings from the 2nd petitioner and his
parents the 2nd petitioner has expressed his desire to settle the matter
amicably by filing divorce petition before the Family Court for mutual
consent. And he is staying at Toronto, Canada, he could not able to attend the
court personally due to unavoidable circumstances. Therefore, he decided to
authorise his father through GPA for the said purpose.
6) The 1st petitioner, who is the wife of the 2nd petitioner, had also filed a false
complaint against her husband Jay Kimar and his family member's namely
Sri.Ningappa father, Smt Kasturi, mother and Sri. Sagar brother and
husband's sister Dr. Smt. Prabha R/at out of Country. and her husband Dr.
Devram R/at out of country under section 12 of Domestic Violence Act at IV
ACCM COURT at Bangalore and it is registered as Crl. Misc 96/2018which is
pending.
7) The 1st petitioner, who is the wife of the 2nd petitioner had further also filed
OS163/2018on 8-7-2018U/S12 (1) (a) of the Hindu Marriage Act which is
pending before the Family Court. Wherein she has stated that the marriage
has been performed should be declared as nullity of marriage.
8) That, the marital life between the first & second Petitioner has not been
fruitful from the 15-06-2018, and they have been living separately since 15-06-
2018. Further all mediations & conciliations for retrieving the marital relation
between the parties herein, by the elders of the family have not been fruitful;
consequently, both the parties mutually agree to dissolve the marriage.
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9) The Petitioners therefore state that the marriage has irretrievably broken
down and there is no compatibility whatsoever between them.
10) Both the Petitioners hereby agree to withdraw all allegations against each
other, and duly acknowledge destruction of incriminating material in their
respective possession, and further agree that they shall not use or publish such
material against the other person. The first Petitioner shall withdraw the suit
filed by her in OS No.163/18 on the file of this Hon’ble Family Court and
withdraw all the allegations made therein. Further the first Petitioner shall file
necessary memo along with the second Petitioner before the Hon’ble High
Court in Crl. Misc.99/19 and in the criminal petition that would be filed by the
second Petitioner for quashing of criminal proceedings in Cr. No. 252/2019.
Both the parties hereby declare that they shall not have any other manner of
claims, demands whatsoever including maintenance, property rights against
each other.
11) It is submitted that there are no articles, ornaments or any kind of things of
either parties.
12) That the 1st petitioner has agreed that she shall not claim any kind of claims,
maintenance and alimony.
13) That the 1st petitioner has agreed to withdraw all the civil and criminal cases
pending before the Court of Law and shall give her consent for settling the
criminal proceedings.
14) Under the circumstances explained above, and after understanding the
consequences, and without any force, coercion or undue influence, both the
Petitioners have decided to dissolve their marriage by mutual consent by
approaching this Hon’ble Court.
15) That the petitioners have paid the Court fee of Rupees One hundred on the
petition as required under Karnataka Court Fees Suit Valuation Act.
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16) The Petitioners state that they last resided within the jurisdiction of this
Hon’ble Court. Hence this Hon’ble Court has jurisdiction to entertain & try the
above matter.
WHEREFORE, the Petitioners humbly pray this Hon’ble Court be pleased to pass
Judgement & Decree:
(a) Dissolving the marriage Dt. 09.03.2018 between the first & second Petitioners
herein; and
(b) Grant such other relief/s as this Hon’ble Court, deems fit, in the interest of
justice & equity.

ADVOCATE FOR FIRST PETITIONER FIRST PETITIONER

ADVOCATE FOR SECOND PETITIONER SECOND PETITIONER through GPA


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VERIFICATION

We, Bhavani & Jay Kumar represented by his father, Nanjappa Advocate ,aged about
63 years , GPA holder, the Petitioners abovenamed do hereby solemnly verify &
declare that the averments made hereinabove are true & correct to the best of our
knowledge, faith, information & belief.

BENGALURU PETITIONERS
DATE:
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BEFORE THE HON’BLE PRINCIPAL FAMILY JUDGE AT BENGALURU

MC NO. /2019

BHAVANI … FIRST PETITIONER

JAY KUMAR
Rep.by GPA … SECOND PETITIONER

Vs

NIL … RESPONDENT

VERIFYING AFFIDAVIT

We, Bhavani, aged about 28 years, W/o Jay Kumar, APS Campus,, BENGALURU
& Jay Kumar, aged about 32 years, S/o Nanjappa, Advocate , represented by his
father, GPA Holder, Sri Nanjappa , Advocate aged about 63 years R/at #111, Yukta
IV Cross, VII Main, Vidyaguri Layout, Agrahara, BENGALURU – 560 072, do hereby
solemnly affirm & state on oath as follows:
1) We are the Petitioners in the above matter. We know the facts of the case and
hence deposing hereto.
2) We state that the averments made at Paras 1 to 8 of the accompanying
petition are true & correct to the best of our knowledge, information, faith &
belief.
What is stated hereinabove is true & correct.
IDENTIFIED BY ME DEPONENTS
SWORN TO BEFORE ME
BENGALURU
DATE:
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BEFORE THE HON’BLE PRINCIPAL FAMILY JUDGE AT BENGALURU

MC NO. /2019

BHAVANI
AGED ABOUT 28 YEARS
D/o LANKESH
W/o JAY KUMAR
APS CAMPUS,
BENGALURU … FIRST PETITIONER

Jay Kumar Aged about 32 years,


S/o Nanjappa, represented by his
Father, GPA Holder Sri Nanjappa
Advocate aged about 63 years R/at #111, Yukta,
IV Cross, VII Main,VidyaguriLayout,
Agrahara, Bengaluru – 560 072, … SECOND PETITIONER

APPLICATION UNDER SECTION 13 OF THE FAMILY COURT ACT

For the reasons sworn to in the accompanying affidavit, the first Petitioner prays that
this Hon’ble Court may be pleased to permit her to appoint a counsel to
appear/represent her in the above matter on her behalf and conduct the case, in the
interest of justice & equity.

BENGALURU FIRST PETITIONER


DATE:
9

BEFORE THE HON’BLE PRINCIPAL FAMILY JUDGE AT BENGALURU

MC NO. /2019

BHAVANI … FIRST PETITIONER

JAY KUMAR
Rep by his father GPA holder …. SECOND PETITIONER

Vs

NIL … RESPONDENT

AFFIDAVIT

I, Bhavani, aged about 28 years, D/o Lankesh, W/o Jay Kumar, APS Campus,,
BENGALURU , do hereby solemnly affirm & state on oath as follows:
1) I am the first Petitioner in the above matter. I know the facts of the case and
hence deposing hereto.
2) I state that the above matter involves complicated question of law & facts and
assistance of the legal counsels are required to conduct the proceedings in the
above matter. In view of the same, I may be permitted to engage a counsel to
appear/represent me in the above matter.
WHEREFORE, it is prayed that this Hon’ble Court may be pleased to allow the
accompanying application in the interest of justice & equity.

IDENTIFIED BY ME
DEPONENT

SWORN TO BEFORE ME
ADVOCATE
BENGALURU
DATE:
10

BEFORE THE HON’BLE PRINCIPAL FAMILY JUDGE AT BENGALURU

MC NO. /2019

BHAVANI
W/o JAY KUMAR
AGED ABOUT 28 YEARS
APS CAMPUS,
BENGALURU … FIRST PETITIONER

Jay KimarAged about 32 years,


S/o Nanjappa, represented by his
GPA Holder Sri Ningappa, Advocate
aged about 63 years R/at #111, Yukta,
IV Cross, VII Main,Vidyaguri Layout,
Agrahara, Bengaluru – 560 072, SECOND PETITIONER

MEMO OF APPEARANCE

(APPLICATION UNDER SECTION 13 OF THE FAMILY COURT ACT)

For the reasons sworn to in the accompanying affidavit, the second Petitioner prays
that this Hon’ble Court may kindly be pleased to permit him to appear in person as
he is an Advocate by profession to appear/represent as GPA Holder of his son in the
above matter on his behalf and conduct the case, in the interest of justice & equity.

BENGALURU SECOND PETITIONER


REP.BY HIS FATHER
DATE:
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BEFORE THE HON’BLE PRINCIPAL FAMILY JUDGE AT BENGALURU

MC NO. /2019

BHAVANI … FIRST PETITIONER

JAY KUMAR
Rep.by GPA … SECOND PETITIONER
Vs

NIL … RESPONDENT

AFFIDAVIT

I, Nanjappa S/O Late Fakkeerappa aged about 63 years R/at, #111, Mukta IV Cross,
VII Main,Vidyaguri Layout,Agrahara, BENGALURU – 560 072, do hereby
solemnly affirm & state on oath as follows:
1) I am the father of the second petitioner and my son, Jay Kimar has authorised
me to appear and defend on his behalf as General Power of Attorney. The
second petitioner is now residing at Canada and he could not able to attend
the case personally, he is not likely to return to India due to unavoidable
circumstances. The reasons are more elaborately described in the GPA itself.
I know the facts of the case as I am the father of second petitioner and hence
deposing hereto. I am appearing in person to conduct the proceedings in the
above matter.
WHEREFORE, it is prayed that this Hon’ble Court may be pleased to allow the
accompanying application in the interest of justice & equity.
IDENTIFIED BY ME DEPONENT
ADVOCATE SWORN TO BEFORE ME
BENGALURU
DATE:
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BEFORE THE HON’BLE PRINCIPAL FAMILY JUDGE AT BENGALURU

MC NO. /2019

BHAVANI
D/o LANKESH
W/o JAY KUMAR
AGED ABOUT 28 YEARS

APS CAMPUS,
BENGALURU … FIRST PETITIONER

Jay KimarAged about 32 years,


S/o Nanjappa, , Advocate represented by his
GPA Holder Sri Nanjappa
Aged about 63 years R/at #111, Yukta,
IV Cross, VII Main,VidyaguriLayout,
Agrahara, BENGALURU – 560 072, … SECOND PETITIONER

Vs

NIL … RESPONDENT

APPLICATION UNDER SECTION 14 OF THE HINDU MARRIAGES ACT, 1955

For the reasons stated in the accompanying affidavit, the Petitioners pray that this
Hon’ble Court may pleased to dispense with the statutory period of six months
waiting period for decreeing the dissolution of marriage, in the interest of justice &
equity.

BENGALURU ADVOCATES FOR PETITIONERS


DATE: -11-2019
13

BEFORE THE HON’BLE PRINCIPAL FAMILY JUDGE AT BENGALURU

MC NO. /2019

BHAVANI … FIRST PETITIONER

JAY KUMAR … SECOND PETITIONER

Vs

NIL … RESPONDENT

AFFIDAVIT

We, Bhavani, aged about 28 years, D/o Lankesh, W/o Jay Kumar, APS Campus,
BENGALURU & Jay Kumar, aged about 32 years, S/o Nanjappa, Advocate
represented by his father GPA holder R/at, #111, Yukta IV Cross, VII Main, Vidyagiri
Layout, Agrahara, Bengaluru – 560 072, do hereby solemnly affirm & state on oath as
follows:

1) We are the Petitioners in the above matter. We know the facts of the case and
hence deposing hereto.

2) We state that the averments made in the main petition may be read as part &
parcel of this affidavit in order to avoid repetition and for the sake of brevity.

3) We state that due to irretrievable break-down of marriage and after all


possible counselling & mediation having failed and after taking expert’s
consultation too, both of us decided to dissolve the marriage in the interest of
our lives & future. As such this petition for dissolution of marriage for mutual
consent.

4) We state that due to physical, emotional & mental incompatibility, our marital
life has not been fruitful from the inception of the marriage, and we are living
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separately for a period of more than one year .The first of us filed OS163/18
before this Hon’ble Court, and during the pendency of the said proceedings,
there were several mediations & conciliations for retrieving the marital
relation between the parties herein, by the elders of the family, but the same
have not been fruitful, consequently, both of us have now mutually agreed to
dissolve the marriage and have filed the consent petition for divorce, in
interest of our respective lives.

5) We state that any more waiting for obtaining dissolution of our marriage,
would seriously affect our respective lives apart from causing severe hardship
& inconvenience. No purpose whatsoever would be served by waiting any
longer as all efforts and expert opinion in this regard is not favouring the
continuation of our marital life. Under these circumstances, it is very much
essential that the waiting period be dispensed and our marriage be dissolved.
Such dissolution would be highly proper in all respects.

WHEREFORE, we pray that this Hon’ble Court may be pleased to grant the prayer
made in the accompanying application, in the interest of justice & equity.

What is stated hereinabove is true & correct.

IDENTIFIED BY ME DEPONENTS

SWORN TO BEFORE ME

ADVOCATE

BENGALURU
DATE: 14-11-2019

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